关键词: 低空经济, 低空空域, 低空空域属性, 低空空域物权, 区分地上权

Abstract: The unclear scope of low-altitude airspace and the absence of a systematic clarification of its legal nature have constrained the development of the low-altitude economy. The National Airspace Basic Classification Method, issued by the Civil Aviation Administration of China in 2023, classifies airspace into different categories. Among these categories, Class G and Class W airspaces should properly be regarded as low-altitude airspace because they possess characteristics of low-altitude, are non-regulation, and comprehensive coverage of low altitude flight scenarios. The market-economy attributes of the low-altitude economy, together with the private law attributes of state-owned natural resources, provide legitimacy for bringing low-altitude airspace within the ambit of private-law regulation. From the perspective of private law, a reinterpretation of the corporeality and disposability of things demonstrates the possibility of low-altitude airspace to become an object of real rights. The practical need to ensure the safe use of low-altitude airspace further demonstrates the necessity of recognizing low-altitude airspace as an object of real rights. From the perspective of real-rights law, the particularity of low altitude airspace classification and the requirement of stability within the legal system determine that the essence of ownership of low-altitude airspace should be understood as a component of land ownership and water-area ownership. Furthermore, in view of systemic stability, unified planning, and coordinated utilization, the usufructuary right over low-altitude airspace should be interpreted as a right of divided surface right under an expanded interpretation.

Key words: low-altitude economy, low-altitude airspace, attribute of low-altitude airspace, real rights over low-altitude airspace, divided surface right